Discount retailer’s plan for Limerick store is challenged in High Court

PLANS for a new Aldi store on the city’s northside have been challenged in the High Court.

Both Limerick City and County Council and An Bord Pleanala green-lit plans for the discount retailer to open at a site on the edge of Moyross.

However, Watchhouse Cross Shopping Centre Limited and Sataner Limited have now challenged the decision by An Bord Pleanala to grant the permission to the discount retailer.

Watchhouse Cross Shopping Centre Limited and Sataner, a company which is part-owner of the complex, have initiated Judicial Review proceedings over the national planning appeals body’s decision to approve the plans.

A Judicial Review is a legal mechanism where an application can be made to challenge the decision-making processes of administrative bodies such as An Bord Pleanala.

In documents presented to the High Court - seen by Business Leader - the two companies have outlined a series of reasons why they think An Bord Pleanala’s decision should be quashed.

The Watch House Cross Shopping Centre was once home to the retailer Iceland, which closed its store there last September.

But, as revealed by this newspaper, plans are afoot to open a branch of Tesco Ireland in the former frozen food retailer’s premises, with recruitment of staff under way.

In the submission to the High Court, both Sataner and WWatchhouse Cross Shopping Centre Limited argue the decision to grant Aldi planning permission runs contrary to local retail planning guidelines.

These effectively govern what can be built in certain areas, and have been used as a way to stop widespread large-scale out-of-town retailers.

In their own interactions with An Bord Pleanala, both companies said they presented “clear uncontroverted evidence” highlighting the difficulties of attracting and retaining a supermarket in the locality.

They also highlighted the impact the loss of any supermarket would have on the areas overall viability and the wider community.

“This was particularly the case given the area’s unique socio-economic situation in the community of Moyross,” court documents add.

The two firms stated there was a suitable unit available at Watch House Cross for Aldi - but the retailer never made contact.

The companies also argued that An Bord Pleanala failed to carry out an Environmental Impact Assessment screening and that this should render the decision to grant permission is invalid.

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Represented by John Kenny Bl, instructed by Eoin Brady of FP Logue Solicitors, the applicants have brought judicial review proceedings seeking various orders and declarations including an order quashing the decision.

The action is against Ireland and the Attorney General as well as the An Bord Pleánala.
Aldi is a notice party to the proceedings.

The action was briefly mentioned before Ms Justice Carmel Stewart during a vacation sitting of the High Court last week.

The judge formally deemed the action opened before the court, and adjourned the application for permission to bring the challenge to a date in May.